Onvoy, Inc. d/b/a Onvoy Voice Services

Transcription

1 Original Title Page Onvoy, Inc. d/b/a Onvoy Voice Services Regulations and Schedule of Intrastate Charges Applying to Local End-User Telecommunications Service Within the State of Michigan Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

2 Original Page 1 TABLE OF CONTENTS TABLE OF CONTENTS... 1 PREFACE CHECK SHEET... 1 EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF APPLICATION OF TARIFF SECTION 1: DEFINITIONS... 1 SECTION 2: REGULATIONS Undertaking of the Company Prohibited Uses Obligations of the Customer Customer Equipment and Channels Payment Arrangements Allowances for Interruptions in Service Restoration of Service Use of Customer s Service by Others Cancellation of Service Transfers and Assignments Notices and Communications Formal and Informal Procedures Customer Access to Information Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

3 Original Page 2 TABLE OF CONTENTS, CONT D. SECTION 3: SERVICE OFFERINGS General Charges Based on Duration of Use Rates Based Upon Distance Calculation of Distance Directory Listings Types of Services Offered Basic Local Exchange Service Directory Assistance Service IntraLATA Presubscription SECTION 4: RATES AND CHARGES Exchange Access Service Exchange Access Optional Features Resold Local Exchange Service Local Calling Service IntraLATA Calling Service Miscellaneous Service Implementation Restoration of Service Charges for Connecting or Changing Service Federal and State Charges Universal Emergency Telephone Number Service [Reserved for Future Use] Telecommunications Relay Service Telephone Directory Call Blocking Service IntraLATA Presubscription Rates By Individual Contract Basis (ICB) Promotional Offerings Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

4 Original Page 3 TABLE OF CONTENTS, CONT D. SECTION 5: GEOGRAPHIC AREAS Legal Descriptions and Maps Local Calling Areas List of Cities, Villages, and Townships Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

5 Original Page 4 CHECK SHEET The pages of this tariff, as listed below, are effective as of the date shown. Revised sheets contain all changes from the original tariff that are in effect as of the date indicated. SECTION PAGE REVISION Title Page 1 Original Table of Contents 1 Original Table of Contents 2 Original Table of Contents 3 Original Preface 1 Original Preface 2 Original Preface 3 Original Preface 4 Original Preface 5 Original Preface 6 Original Preface 7 Original Preface 8 Original Preface 9 Original Preface 10 Original 1 1 Original 1 2 Original 2 3 Original 2 4 Original 2 5 Original 2 6 Original 2 7 Original 2 8 Original 2 9 Original 2 10 Original 2 11 Original 2 12 Original 2 13 Original 2 14 Original 2 15 Original 2 16 Original 2 17 Original Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

6 Original Page 5 SECTION PAGE REVISION 2 18 Original 2 19 Original 2 20 Original 2 21 Original 2 22 Original 2 23 Original 2 24 Original 2 25 Original 2 26 Original 2 27 Original 2 28 Original 2 29 Original 2 30 Original 2 31 Original 2 32 Original 2 33 Original 2 34 Original 2 35 Original 2 36 Original 2 37 Original 2 38 Original 2 39 Original 2 40 Original 2 41 Original 2 42 Original 2 43 Original 2 44 Original 3 1 Original 3 2 Original 3 3 Original 3 4 Original 3 5 Original 3 6 Original 3 7 Original 3 8 Original 3 9 Original 3 10 Original 3 11 Original CHECK SHEET (Cont d) Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

7 Original Page 6 SECTION PAGE REVISION 4 1 Original 4 2 Original 4 3 Original 4 4 Original 4 5 Original 4 6 Original 4 7 Original 4 8 Original 4 9 Original 4 10 Original 4 11 Original 4 12 Original 4 13 Original 4 14 Original 4 15 Original 4 16 Original 4 17 Original 4 18 Original 4 19 Original 4 20 Original 4 21 Original 4 22 Original 4 23 Original 4 24 Original 4 25 Original 4 26 Original 4 27 Original 4 28 Original 4 29 Original 4 30 Original 4 31 Original 4 32 Original 4 33 Original 4 34 Original CHECK SHEET (Cont d) Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

8 Original Page 7 SECTION PAGE REVISION 5 1 Original 5 2 Original 5 3 Original 5 4 Original 5 5 Original 5 6 Original 5 7 Original 5 8 Original 5 9 Original 5 10 Original 5 11 Original 5 12 Original 5 13 Original 5 14 Original 5 15 Original 5 16 Original 5 17 Original 5 18 Original 5 19 Original 5 20 Original 5 21 Original 5 22 Original 5 23 Original 5 24 Original 5 25 Original 5 26 Original 5 27 Original 5 28 Original 5 29 Original 5 30 Original 5 31 Original 5 32 Original 5 33 Original 5 34 Original 5 35 Original CHECK SHEET (Cont d) Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

9 Original Page 8 SECTION PAGE REVISION 5 36 Original 5 37 Original 5 38 Original 5 39 Original 5 40 Original 5 41 Original 5 42 Original 5 43 Original 5 44 Original 5 45 Original 5 46 Original 5 47 Original 5 48 Original 5 49 Original 5 50 Original 5 51 Original 5 52 Original 5 53 Original 5 54 Original 5 55 Original 5 56 Original 5 57 Original 5 58 Original 5 59 Original 5 60 Original 5 61 Original 5 62 Original 5 63 Original 5 64 Original 5 65 Original 5 66 Original 5 67 Original 5 68 Original 5 69 Original 5 70 Original 5 71 Original 5 72 Original 5 73 Original 5 74 Original 5 75 Original CHECK SHEET (Cont d) Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

10 Original Page 9 SECTION PAGE REVISION 5 76 Original 5 77 Original 5 78 Original 5 79 Original 5 80 Original 5 81 Original 5 82 Original 5 83 Original 5 84 Original 5 85 Original 5 86 Original 5 87 Original 5 88 Original 5 89 Original 5 90 Original 5 91 Original 5 92 Original 5 93 Original 5 94 Original 5 95 Original 5 96 Original 5 97 Original 5 98 Original 5 99 Original Original Original Original Original Original CHECK SHEET (Cont d) Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

11 Original Page 10 EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF The following symbols shall be used in this tariff for the purpose indicated below: C D I N R To signify changed regulation. To signify discontinued rate or regulation. To signify increased rate. To signify new rate or regulation. To signify reduced rate. APPLICATION OF TARIFF This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate end-user telecommunications services by Onvoy, Inc. d/b/a Onvoy Voice Services, hereinafter referred to as the Company, to customers within the State of Michigan. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

12 Section 1 - Original Page 1 SECTION 1 - DEFINITIONS Authorized User - A person, firm, corporation or other entity who is authorized by the Customer to be connected to the service of the Customer under the terms and regulations of this tariff. Available Usage Balance - The amount of usage remaining on a Debit Account at any particular point in time. Each Debit Account begins with an initial usage amount which is depleted as services provided by the Company are utilized by the Customer. Business Service - A switched network service that provides for dial station communications that is described as a business or commercial rate. Business Customer - A Business Customer is a Customer who subscribes to the Company s Service(s) and whose primary use of the Service is of a business, professional, institutional, or otherwise occupational nature. Refers to the Service. Company - Used throughout this tariff to refer to Onvoy, Inc. d/b/a Onvoy Voice Services, unless otherwise clearly indicated by the context. Debit Account - An account which consists of a pre-paid usage balance depleted on a real time basis during each Debit Service Call. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

13 Section 1 - Original Page 2 SECTION 1 - DEFINITIONS, CONT D. End User - Any person, firm, corporation, partnership or other entity which uses the services of the Company under the provisions and regulations of this tariff. The End User is responsible for payment unless the charges for the services utilized are accepted and paid by another Customer. Holidays - Holidays observed by the Company as specified in this tariff. LATA - Means the local access and transport area as defined in United States v American Telephone and Telegraph Co., 569 F.Supp. 990 (D.D.C. 1983). Personal Account Code - A pre-defined series of numbers to be dialed by the Customer or Authorized User upon access to the Carrier's network which identifies the Debit Account from which charges for service shall be debited and which validates the caller's authorization to use the services provided. Renewal - A method of replenishing a Debit Account's Available Usage Balance with additional minutes of use as authorized and paid for by the Customer. Residential Customer - A Residential Customer is a person to whom telecommunications services are furnished by the Company predominantly for personal or domestic purposes at the person s dwelling. Switched Access - A method for reaching the Company through the local switched network whereby the End User uses standard business local lines. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

14 Section 2 - Original Page Undertaking of the Company Scope SECTION 2 REGULATIONS The Company undertakes to furnish communications service pursuant to the terms of this tariff in connection with the provision of an access line and usage within a local calling area for the transmission of high quality, 2-way interactive switched voice or data communications between points within the State of Michigan. Customers and users may use services and facilities provided under this tariff to obtain access to services offered by other service providers. The Company is responsible under this tariff only for the services and facilities provided hereunder, and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services, or to communicate with its own customers Shortage of Equipment or Facilities (A) (B) The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by the Company, when necessary because of lack of facilities, or due to some other cause beyond the Company's control. The furnishing of service under this tariff is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company's facilities as well as facilities the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

15 Section 2 - Original Page Undertaking of the Company, Cont d Terms and Conditions SECTION 2 - REGULATIONS, CONT D. (A) Business Service is provided on the basis of a minimum period of at least one month, 24 hours per day. For the purpose of computing charges in this tariff, a month is considered to have 30 days. (B) (C) Business Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this tariff. Business Customers will also be required to execute any other documents as may be reasonably requested by the Company. At the expiration of the initial term specified in each Service Order, or in any extension thereof, service shall continue on a month-to-month basis at the then current rates unless terminated by either party upon 30 days' written notice. Any termination shall not relieve the Business Customer of its obligation to pay any charges incurred under the service order and this tariff prior to termination. The rights and obligations which by their nature extend beyond the termination of the term of the service order shall survive such termination. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

16 Section 2 - Original Page Undertaking of the Company, Cont d Terms and Conditions, cont d. SECTION 2 - REGULATIONS, CONT D. (D) Service may be terminated upon written notice to the Customer if: (1) the Customer is using the service in violation of this tariff; or (2) the Customer is using the service in violation of the law. (E) (F) (G) This tariff shall be interpreted and governed by the laws of the State of Michigan regardless of its choice of laws provision. No other telecommunications provider may interfere with the right of any person or entity to obtain service directly from the Company. No person or entity shall be required to make any payment, incur any penalty, monetary or otherwise, or purchase any services in order to have the right to obtain service directly from the Company. To the extent that either the Company or any other telephone company exercises control over available cable pairs, conduit, duct space, raceways, or other facilities needed by the other to reach a person or entity, the party exercising such control shall make them available to the other on terms equivalent to those under which the Company makes similar facilities under its control available to its customers. At the reasonable request of either party, the Company and the other telephone company shall join the attempt to obtain from the owner of the property access for the other party to serve a person or entity. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

17 Section 2 - Original Page Undertaking of the Company, Cont d Liability of the Company SECTION 2 - REGULATIONS, CONT D. (A) (B) The liability of the Company for damages arising out of the furnishing of its Services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or arising out of the failure to furnish the service, whether caused by acts or omission, shall be limited to the extension of allowances for interruption as set forth in 2.6. The extension of such allowances for interruption shall be the sole remedy of the Customer and the sole liability of the Company. The Company will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages to Customer as a result of any Company services, equipment or facilities, or the acts or omissions or negligence of the Company s employees or agents. The Company shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes, any law, order, regulations, direction, action, or request of the United States Government or any state and local governments having or claiming jurisdiction over the Company, or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lockouts, work stoppages, or other labor difficulties when it does not involve the company s employees. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

18 Section 2 - Original Page Undertaking of the Company, Cont d Liability of the Company, cont d. SECTION 2 REGULATIONS, CONT D. (C) (D) (E) The Company shall not be liable for any act or omission of any entity furnishing to the Company or to the Company's Customers facilities or equipment used for or with the services the Company offers. The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer-provided equipment or facilities. Explosive Atmosphere. The Company does not guarantee nor make any warranty with respect to installations it provides for use in an explosive atmosphere. The Customer indemnifies and holds the Company harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), and for any loss, damage, or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal presence, condition, location, or use of any installation so provided. The Company reserves the right to require each Business Customer to sign an agreement acknowledging acceptance of the provisions of this section 2.1.4(E) as a condition precedent to such installations. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

19 Section 2 - Original Page Undertaking of the Company, Cont d Liability of the Company, cont d. SECTION 2 - REGULATIONS, CONT D. (F) (G) (H) The Company is not liable for any defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof, unless such defacement or damage is caused by negligence or willful misconduct of the Company's agents or employees. The Company shall be indemnified, defended and held harmless by the Customer against any claim, loss or damage arising from Customer's use of services, involving claims for libel, slander, invasion of privacy, or infringement of copyright arising from the Customer's own communications. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

20 Section 2 - Original Page Undertaking of the Company, Cont d Service-Affecting Activities SECTION 2 - REGULATIONS, CONT D. The Company will provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventative maintenance. The Company will perform adequate scheduling so as to provide service to a customer at a mutually agreed upon time. On a monthly basis, 90% of the commitments to customers with respect to the date of installation of primary basic local exchange service shall be met. The Company will take corrective action if the rate of met commitments falls below 90% for 3 consecutive months. Customer-caused delay or customer-missed appointments will not be figured into the rate of met commitments. Calls requesting local directory assistance shall be answered within 10 seconds. The Company will take corrective action if its average answer time per month for local directory assistance calls is more than 10 seconds for 3 consecutive months. The Company will maintain service so that the average monthly rate of initial customer trouble reports in any wire center area is not more than 6 per 100 access lines per month, exclusive of all of the following: (a) Reports concerning interexchange calls. (b) Trouble found in equipment that is not the provider's. (c) Nonregulated customer premises equipment or inside wiring. For the purpose of administering this rule, each party line customer shall be considered to have 1 local access line. Multiple trouble reports that are attributable to a common cause or defect shall not be aggregated. Rather, a separate report shall be counted for each customer line reported in trouble. A provider shall take corrective action if a customer trouble report rate is more than 6 per 100 access lines per month in a wire center area for 3 consecutive months. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

21 Section 2 - Original Page Undertaking of the Company, Cont d. SECTION 2 - REGULATIONS, CONT D Provision of Equipment and Facilities (A) (B) (C) (D) The Company shall use reasonable efforts to make available services to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with, the regulations contained in this tariff. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer. The Company shall use reasonable efforts to maintain only the facilities and equipment that it furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilities or equipment installed by the Company, except upon the written consent of the Company. The Company may substitute, change or rearrange any equipment or facility at reasonable times, but shall not thereby alter the technical parameters of the service provided the Customer. Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which it was provided by the Company. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

22 Section 2 - Original Page Undertaking of the Company, Cont d. SECTION 2 - REGULATIONS, CONT D Provision of Equipment and Facilities, cont d. (E) (F) The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company's agents or employees to the Premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer. The Company shall not be responsible for the installation, operation, or maintenance of any Customer-provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of facilities offered under this tariff and to the maintenance and operation of such facilities. Subject to this responsibility, the Company shall not be responsible for: (1) the transmission of signals by Customer-provided equipment or for the quality of, or defects in, such transmission; or (2) the reception of signals by Customer-provided equipment. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

23 Section 2 - Original Page Undertaking of the Company, Cont d Non-Routine Installation SECTION 2 - REGULATIONS, CONT D. At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply. If installation is started during regular business hours but, at the Customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

24 Section 2 - Original Page Undertaking of the Company, Cont d Special Construction SECTION 2 - REGULATIONS, CONT D. Subject to the agreement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken: (A) (B) (C) (D) (E) (F) (G) (H) where facilities are not presently available, and there is no other requirement for the facilities so constructed; of a type other than that which the Company would normally utilize in the furnishing of its services; over a route other than that which the Company would normally utilize in the furnishing of its services; in a quantity greater than that which the Company would normally construct; on an expedited basis; on a temporary basis until permanent facilities are available; involving abnormal costs; or in advance of its normal construction Ownership of Facilities Title to all facilities provided in accordance with this tariff remains in the Company, its agents or contractors. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

25 Section 2 - Original Page Prohibited Uses SECTION 2 - REGULATIONS, CONT D. (A) (B) (C) (D) The services the Company offers shall not be used for any unlawful purpose or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. The Company may require business applicants for service who intend to use the Company's offerings for resale and/or for shared use to file a letter with the Company confirming that their use of the Company's offerings complies with relevant laws and Service regulations, policies, orders, and decisions. The Company may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others. A customer, joint user, or authorized user may not assign, or transfer in any manner, the service or any rights associated with the service without the written consent of the Company. The Company will permit a Customer to transfer its existing service to another entity if the existing Customer has paid all charges owed to the Company for regulated communications services. Such a transfer will be treated as a disconnection of existing service and installation of new service, and non-recurring installation charges as stated in this tariff will apply. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

26 Section 2 - Original Page 13 SECTION 2 - REGULATIONS, CONT D. 2.3 Obligations of the Customer General The Customer shall be responsible for: (A) (B) (C) the payment of all applicable charges pursuant to this tariff; damage to or loss of the Company's facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of the Company; providing at no charge, as specified from time to time by the Company, any needed personnel, equipment space and power to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessary to maintain the proper operating environment on such premises; Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

27 Section 2 - Original Page Obligations of the Customer, Cont d General, cont d. SECTION 2 - REGULATIONS, CONT D. (D) (E) obtaining, maintaining, and otherwise having full responsibility for all rights-ofway and conduits necessary for installation of fiber optic cable and associated equipment used to provide Communication Services to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.3.1(C). Any and all costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure to permit installation of the Company-provided facilities, shall be borne entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service; providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company's facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Company's opinion, injury or damage to the Company's employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material (e.g. friable asbestos) prior to any construction or installation work; Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

28 Section 2 - Original Page Obligations of the Customer, Cont d General, cont d. SECTION 2 - REGULATIONS, CONT D. (F) (G) (H) complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of Company facilities and equipment in any Customer premises or the rights-ofway for which Customer is responsible under Section 2.3.1(D); and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company; not creating any liens or other encumbrances on the Company's equipment or facilities; and making Company facilities and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance will be made for the period during which service is interrupted for such purposes. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

29 Section 2 - Original Page Obligations of the Customer, Cont d Claims SECTION 2 - REGULATIONS, CONT D. With respect to any service or facility provided by the Company, Customers shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees for: (A) (B) any loss, destruction or damage to the property of the Company or any third party, or death or injury to persons, including, but not limited to, employees or invitees of either party, to the extent caused by or resulting from the negligent or intentional act or omission of the Customer, its employees, agents, representatives or invitees; or any claim, loss, damage, expense or liability for infringement of any copyright, patent, trade secret, or any proprietary or intellectual property right of any third party, arising from any act or omission by the Customer, including, without limitation, use of the Company's services and facilities in a manner not contemplated by the agreement between the Customer and the Company. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

30 Section 2 - Original Page 17 SECTION 2 - REGULATIONS, CONT D Customer Equipment and Channels - Business Customers General A User may transmit or receive information or signals via the facilities of the Company. The Company's services are designed primarily for the transmission of voice-grade or data telephonic signals, except as otherwise stated in this tariff. A User may transmit any form of signal that is compatible with the Company's equipment, but the Company does not guarantee that its services will be suitable for purposes other than voice-grade telephonic and data communication except as specifically stated in this tariff Station Equipment (A) (B) Terminal equipment on the Business User's Premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the Business User. The Business User is responsible for the provision of wiring or cable to connect its terminal equipment to the Company Point of Connection. The Business Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-provided equipment and wiring or injury to the Company's employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Business Customer's expense. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

31 Section 2 - Original Page 18 SECTION 2 - REGULATIONS, CONT D. 2.4 Customer Equipment and Channels - Business Customers, Cont'd Interconnection of Facilities (A) (B) (C) (D) Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing Communication Services and the channels, facilities, or equipment of others shall be provided at the Business Customer's expense. Communication Services may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carriers that are applicable to such connections. Facilities furnished under this tariff may be connected to Customer-provided terminal equipment in accordance with the provisions of this tariff. All such terminal equipment shall comply with all applicable federal and state legal and regulatory requirements; and all User provided wiring shall be installed and maintained in compliance with all such legal and regulatory requirements. Users may interconnect communications facilities that are used in whole or in part for interstate communications to services provided under this tariff only to the extent that the user is an "End User" as defined below: End User means any customer of an interstate or foreign telecommunications service that is not a carrier except that a carrier other than a telephone company shall be deemed to be an end user when such carrier uses a telecommunications service for administrative purposes and a person or entity that offers telecommunications services exclusively as a reseller shall be deemed to be an end user if all resale transmissions offered by such reseller originate on the premises of such reseller. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

32 Section 2 - Original Page 19 SECTION 2 - REGULATIONS, CONT D. 2.4 Customer Equipment and Channels - Business Customers, Cont d Inspections (A) (B) Upon suitable notification to the Business Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Business Customer is complying with the requirements set forth in Section 2.4.2(B) for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Companyowned facilities and equipment. If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Business Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Business Customer must take this corrective action and notify the Company of the action taken. If the Business Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

33 Section 2 - Original Page Payment Arrangements Nondiscriminatory Service SECTION 2 - REGULATIONS, CONT D. The Company will not discriminate against nor penalize a customer for exercising a right granted under this section or under applicable law. The Company will provide all services described under this tariff in compliance with the following: (A) (B) (C) (D) The Company will not make a statement or representation, including an omission of material information, regarding the rates, terms, or conditions of providing a basic local exchange service that is false, misleading, or deceptive. The Company will not charge a customer for a subscribed service for which the customer did not make an initial affirmative order. Failure to refuse an offered or proposed service is not an affirmative order for the service. If a customer cancels a service, the Company will not charge the customer for service provided after the effective date that the service was canceled. The Company will not state to a customer that basic local exchange service will be shut off unless the customer pays an amount that is due in whole or in part for an unregulated service. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

34 Section 2 - Original Page Payment Arrangements, Cont d Payment for Service SECTION 2 - REGULATIONS, CONT D. (A) Facilities and Service Charges The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the Customer and to all Users authorized by the Customer, regardless of whether those services are used by the Customer itself or are resold to or shared with other persons. (B) Taxes The Customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state and federal taxes, charges or surcharges (however designated) (excluding taxes on Company's net income) imposed on or based upon the provision, sale or use of the Company's services Billing and Collection of Charges (A) (B) (C) The Company shall render a bill during each billing period to every Customer. The billing period shall be monthly. Non-recurring charges are due and payable from the customer within 30 days after the invoice date, unless otherwise agreed to in advance. The Company shall present invoices for Recurring Charges monthly to the Customer, in advance of the month in which service is provided, and Recurring Charges shall be due and payable within 30 days after the invoice date. When billing is based on customer usage, charges will be billed monthly for the preceding billing periods. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

35 Section 2 - Original Page Payment Arrangements, Cont d. SECTION 2 - REGULATIONS, CONT D Billing and Collection of Charges, Cont d. (D) (E) (F) When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month in which service was furnished will be calculated on a pro rata basis. For this purpose, every month is considered to have 30 days. Billing of the Customer by the Company will begin on the Service Commencement Date, which is the first day following the date on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this tariff or the Service Order. Billing accrues through and includes the day that the service, circuit, arrangement or component is discontinued. If service is disconnected by the Company in accordance with Section and later restored, restoration of service will be subject to all applicable restoration and installation charges. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

36 Section 2 - Original Page Payment Arrangements, Cont d. SECTION 2 - REGULATIONS, CONT D Billing and Collection of Charges, Cont d. (G) (H) The date of rendition of the Company s bill for basic local exchange service shall be the date of physical mailing of the bill by the Company. If the last calendar day for remittance falls upon a Sunday, legal holiday, or any other day when the offices of the provider regularly used for the receipt of payment of customer bills are not open to the general public, then the final payment date shall be extended through the next business day. The date of payment of remittance by mail is 2 days before receipt of the remittance. [Reserved for Future Use] Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

37 Section 2 - Original Page Payment Arrangements, Cont d. SECTION 2 - REGULATIONS, CONT D Billing and Collection of Charges, Cont d. (I) Unless otherwise specified by the Customer, if partial payment of a bill is made, then the Company shall first credit the partial payment to basic local exchange service and regulated toll service. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

38 Section 2 - Original Page Payment Arrangements, Cont d Advance Payments SECTION 2 - REGULATIONS, CONT D. The Company may require the prepayment of 1 billing period's charges for basic local exchange service as a condition of service. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated nonrecurring charges for the special construction and recurring charges (if any) for a period to be set between the Company and the Customer. The advance payment will be credited to the Customer's initial bill. An advance payment may be required in addition to a deposit. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

39 Section 2 - Original Page Payment Arrangements, Cont d Deposits SECTION 2 - REGULATIONS, CONT D. (A) (B) (C) (D) (E) (F) To safeguard its interests, the Company may require a Customer to make a deposit to be held as a guarantee for the payment of charges, except as stated in (E) below. A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. The deposit will not exceed $ per access line. A deposit may be required in addition to an advance payment. When a service or facility is discontinued, the amount of a deposit, if any, will be applied to the Customer's account and any credit balance remaining will be refunded. Before the service or facility is discontinued, the Company may, at its option, return the deposit or credit it to the Customer's account. No deposit will be charged for lifeline customer that voluntarily elects to receive toll blocking service. The Company will not require a cash deposit or other guarantee as a condition of obtaining basic local exchange service, unless the prospective customer refuses to produce identification that can be readily and inexpensively verified or if the prospective customer has a history of payment default within the past 60 months for telecommunication services. The Company is not obligated to provide service to a household under any name if an outstanding bill exists at the address and the person responsible for that bill still resides at the address. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

40 Section 2 - Original Page 27 SECTION 2 - REGULATIONS, CONT D. 2.5 Payment Arrangements, Cont d Discontinuance of Service Part I --- Business Customers (A) (B) (C) (D) (E) (F) Upon nonpayment of any amounts owing to the Company, the Company may, by providing the requisite prior written notice to the Business Customer, discontinue or suspend service without incurring any liability. Upon violation of any of the other material terms or conditions for furnishing service the Company may, by giving 30 days' prior notice in writing to the Business Customer, discontinue or suspend service without incurring any liability if such violation continues during that period. Upon condemnation of any material portion of the facilities used by the Company to provide service to a Business Customer or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, the Company, by notice to the Business Customer, may discontinue or suspend service without incurring any liability. Upon the Business Customer's insolvency, assignment for the benefit of creditors, filing for bankruptcy or reorganization, or failing to discharge an involuntary petition within the time permitted by law, the Company may immediately discontinue or suspend service without incurring any liability. Upon any governmental prohibition or required alteration of the services to be provided or any violation of an applicable law or regulation, the Company may immediately discontinue service to Business Customers without incurring any liability. In the event of fraudulent use of the Company's network by Business Customers, the Company will discontinue service without notice and/or seek legal recourse to recover all costs involved in enforcement of this provision. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

41 Section 2 - Original Page 28 SECTION 2 - REGULATIONS, CONT D. 2.5 Payment Arrangements, Cont d Discontinuance of Service, cont d. Part I --- Business Customers, cont d. (G) Upon the Company's discontinuance of service to the Customer under Section 2.5.6(A) or 2.5.6(B), the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges that would have been payable by the Customer during the remainder of the term for which such services would have otherwise been provided to the Customer to be immediately due and payable. Part II --- [Reserved for Future Use] Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

46 Section 2 - Original Page Payment Arrangements, Cont d. SECTION 2 - REGULATIONS, CONT D Cancellation of Application for Service (A) (B) (C) (D) When a Customer cancels an application for service prior to the start of service or prior to any special construction, no charges will be imposed except for those specified below. Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to the costs incurred by the Company, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the Company that would have been chargeable to the Customer had service commenced. Where the Company incurs any expense in connection with special construction, or where special arrangements of facilities or equipment have begun, before the Company receives a cancellation notice, a charge equal to the costs incurred by the Company, less net salvage, applies. In such cases, the charge will be based on such elements as the cost of the equipment, facilities, and material, the cost of installation, engineering, labor, and supervision, general and administrative expense, other disbursements, maintenance, taxes, and any other costs associated with the special construction or arrangements. The special charges described in 2.5.7(A) through 2.5.7(C) will be calculated and applied on a case-by-case basis. Issued under authority of the Service in an order dated June 3, 2008, in Case No. U

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